Dividing Employee and Employer Contributions
The Trattoria One Forty One Inc. 401(k) Profit Sharing Plan & Trust includes both employee salary deferrals and employer profit-sharing contributions. These must be addressed in your order. We often see spouses agreeing to a division of the entire account balance as of a certain date—commonly the date of separation or the date of divorce filing.
Make sure your QDRO specifies:
- Whether the division covers only vested amounts or both vested and unvested
- If unvested employer contributions are included, how they’ll be handled if the employee leaves before full vesting

